b'Minnesota Extreme Risk Protection Orders and Family LawDebra M. BulluckExtreme Risk Protective Orders Different Types of Civil Protective Orders in Minnesota612-877-5348|Debra.Bulluck@lawmoss.com Oftentimes laws are reactionary solutionsharm is committedIn Minnesota, eligible persons may seek a civil protective order to keep a current or former intimate partner from abuse, threats LawMoss.com/people-debra-m-bulluck and then the law reacts to correct the harm. However,of abuse, nonconsensual sexual contact, harassment, and stalking. The chart below is an adaptation developed by Standpoint preventing tragedy is the primary goal in Minnesotas Red Flag(www.standpointmn.org) that identifies the types of protective orders.Trigger Warning: This article references themes related tolaw. It is a tool to address high-risk behavior. ERPOs are temporary domestic violence, sexual violence, stalking, and suicide. in nature and allow intervention when a person poses a risk of significant danger to themselves or others. When granted, theEligibilityOrder for Protection (OFP)Harassment Restraining Order (HRO)Extreme Risk Protection Order Engaging in the family court process can be stressful andCourt may order the removal of firearms and prevent temporary(Minn. Stat. 518B.01) (Minn. Stat. 609.748) (ERPO) emotional for all involved. Any changing family dynamic that alsopossession of firearms.(Minn. Stat. 624.7171-7178)includes a pattern of abusewhether physical, emotional, verbal,Who CanVictim/Guardian of Minor Victim Victim/Guardian of Minor Victim Family/Household Member; financial, spiritual, coercive in nature, etc.requires an extraThings to Keep in Mind before Applying forSeek Order Guardian of Respondent; level of care while navigating the legal process. Doing so keepsChief Law Enforcement Officer; an ERPO or City/County Attorneysafety at the helm and supports victims autonomy in the processA person seeking relief (also known as Petitioner) must allege with a goal of fair and equitable outcomes. Family law attorneysRelationship toFamily/Household Member No special relationship required No special relationship requiredshould be screening every potential client for signs of a pattern ofin their petition that the Respondent presents an immediate andRespondentabusive and controlling behaviors, along with taking inventory ofpresent danger of either bodily harm to others or taking their own life. To the best of Petitioners knowledge, Petitioner mustWhere to FileCounty where either party resides,County where either party resides, or harassment occurred County where Respondent a households access to firearms. allege the types and location of any firearms believed to be inPetitionforabuse occurred, or county of adjacentresides unless request to Order family court proceeding appear virtually is deniedAccording to the Star Tribune, Violence Free Minnesota (VFMN)the possession of Respondent. If a Petitioner wishes to appear tracked at least thirty-nine homicides related to intimate partnerremotely (by video conference) for all Court hearings, PetitionerAllegations in Physical harm, bodily injury Single incident of physical or sexual assault; Respondent poses a1 Petition Mustor assault;Repeated incidents of intrusive or unwanted acts, words,significant danger of bodilyviolence and relationship violence in Minnesota in 2023.Twenty-nineshould make that request when filing the petition. If PetitionersInclude harm to other persons; or were killed by a current or former intimate partner, and ten werevirtual participation is denied, Petitioner may refile the petition in Infliction of fear of imminentgestures intended to have substantial adverse effect on the harm, injury or assault; safety, security, privacy of another;Respondent is at significantbystanders or intervenors killed in domestic violence relatedthe county where the Petitioner resides or offices. risk of suicide by possessingTerroristic threats;Single incident of nonconsensual dissemination of private events. 2The majority of the deaths were gun-related homicides. sexual images; a firearmAlong with the petition, Petitioner must include a sworn statement Criminal sexual conduct;To reduce high-risk behaviors escalating to homicides andmade under oath (Affidavit) stating facts and circumstances Sexual extortion; orSingle incident of using anothers personal information, suicides, Minnesota enacted a law to allow family/householdthat justify the Court granting the ERPO. Filing for an ERPO doeswithout consent, to invite, encourage, or solicit a third partyInterference with anto engage in a sexual act with the person; members, law enforcement, or city/county attorneys to intervenenot prevent a Petitioner from also filing for other civil protectiveemergency callbefore tragedy strikes. orders to mitigate safety concerns. Once the ERPO is filed with Targeted residential picketing; or the Court, either Petitioner or Respondent may request a hearing. Pattern of attending public events after being notified their On January 1, 2024, Minnesotas new law, Extreme Risk ProtectiveAt the hearing, Petitioner must prove by clear and convincingpresence is harassingOrders (ERPO), went into effect. This law was modeled after theevidence that Respondent poses a significant danger to thePossible Relief Temporary possession of property,No contact and no harassment No possession of firearmsStates two other civil protective ordersOrders for Protectionothers or significant risk of suicide by possessing firearms.custody, parenting time, child support, (OFP) and Harassment Restraining Orders (HRO). spousal maintenance, exclusions from If the Court determines that Respondent poses a significanthouse, work, daycare, school, no Evaluating options to maintain ones safety and a loved onesdanger or risk of suicide, the Court must minimally maintain thepossession of firearmssafety is imperative, especially when a spouse or co-parent withERPO effective for at least six months but not more than a year, a history of violence, threats of self-harm, or harm to others hassubject to extension request.escalated in divorce or custody disputes. "Extreme Risk Protection Orders" Continued on Page 96 7'